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Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Caoimhghín Ó Caoláin: If ensuring the prevention of harm to a child is deemed to represent a potential charge on the Exchequer, shame on all of us.

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 5:In page 13, line 10, to delete "and accountability" and substitute ", accountability and consistency".The intent behind this amendment is to change section 8(5) which relates to the functions of the agency and currently reads, "The Agency shall, in the performance of its functions, demonstrate high standards of performance, transparency and accountability". I want to...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Caoimhghín Ó Caoláin: I absolutely disagree. It certainly does need to be explicitly stated in the legislation. The Minister used the word "consistent" not only in reference to the amendment, as presented, but also with regard to her expectations in terms of the agency's performance. Consistency flowed out naturally, yet it is not stated in the text as a requirement. Inconsistency in the approach to children...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Caoimhghín Ó Caoláin: The Minister refers to local variation and need. High standards of consistency, which would be required if the subsection were amended, do not disallow flexibility in response to given circumstances which can and will present. The Minister's comments suggest, for the first time, that inconsistency is what she wishes to provide for. The only logical conclusion one can draw from her...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 6:In page 13, between lines 10 and 11, to insert the following:“(6) In the performance of its functions, the Agency shall have regard to the principles of equality and non-discrimination.”.The amendment proposes to insert a new subsection in the section setting out the functions of the new agency. The principles of equality and non-discrimination must be...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Caoimhghín Ó Caoláin: It must be evident to the Minister and to all concerned that the legislation to which she refers has been in place yet some of the instances of inequality and discrimination are more contemporary than the legislation's passage. It has not actually made the critical difference. It is important that in the functions of this new agency we emphasise and lay down a clear marker and indicator...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Caoimhghín Ó Caoláin: One could pick any of the other functions set out in the Bill and say "that is implicit". For whom is the message designed? Is it really designed for the board of the new agency? Is it designed for those who will be working at the helm or the coalface in terms of the agency's 4,000 employees on its establishment? It is definitely also designed for public reassurance. There can be no...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I thank the Ceann Comhairle for the breathing time to allow me to return with my files. I am attending Committee Stage of another piece of legislation at the same time, although I have to be here for Report Stage of this very important legislation. The scheduling of the Joint Committee on Health and Children is most inconsiderate of Members who are trying to cover both. I support the...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: To incorporate a reference to "intra-agency" is not repetition. The Minister refers to its being implied elsewhere. To put it into words is not to repeat it; far from it. I disagree with the Minister's view that the amendment I pressed earlier this morning would in any way have had a negative impact on the Bill and the agency's remit. Far from it. One could look at any of the agency's...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 8: In page 13, line 15, after “inter-agency” to insert “and intra-agency”.

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 9: In page 13, to delete lines 28 to 30 and substitute the following:“9. (1) The Agency shall, in performing its functions under section 8(1)(a), (b) or (c) in respect of an individual child or family, regard the best interests of the child as a primary consideration.”.This amendment seeks to delete lines 28 to 30 and to substitute them with a new section...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: With regard to the Minister's response on amendment No. 9, let us be very clear about what the Bill states: "having regard to the best interests of the child in all matters". It makes no real statement on how the child's interests are to be regarded. It does not make this clear. That is why I believe the introduction of the words "primary consideration" is necessary to give absolute...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: This is in reference to the functions in section 8(1)(a), (b) and (c). Section 8(1)(a) concerns the performance of the functions, powers and responsibilities transferred to the new agency under section 72 from the National Educational Welfare Board which are relevant to children and section 82 which deals with the HSE. Again, the focus is on children in the main. Section 8(1)(b) concerns...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 11:In page 13, line 33, after “2010,” to insert “whether in proceedings before a court or otherwise”.

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 12:In page 13, to delete lines 35 to 40, and in page 14, to delete lines 1 and 2 and substitute the following:“(3) The Agency shall consult when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c) where relevant, and ensure that due consideration is given to the views of children as part...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I acknowledge that the Bill contains huge steps forward in terms of the best interests and views of the child. My efforts to improve the Bill, as I see it, do not take away from that fact. Indeed, I have already indicated my intention to support the final passage of the Bill. That remains my position. My objective is to arrive at the best possible legislation to cater for the needs of...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I have no further points to make.

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 13:In page 15, line 34, to delete “the Minister for Education and Skills” and substitute “any Minister”.This amendment relates to section 13(2)(f) which reads: "other particulars that the Agency considers appropriate or as the Minister after consulting the Minister for Health and the Minister for Education and Skills may require, and". Again,...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: That is not what I was proposing. I am certainly not trying to straitjacket people into doing other than what they need to do. The annual report is meant to reflect on the work done in the preceding year. I anticipate that, in the course of any year, the agency will find itself engaging with a number of ministries, including the Departments of Social Protection, Justice and Equality and...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Caoimhghín Ó Caoláin: I move amendment No. 14:In page 18, between lines 19 and 20, to insert the following:"(5) The Board shall always include three individuals with experience or knowledge of the legal environment as it pertains to children and families; the disciplines of child protection, psychology, family support and therapeutic services.".I am particularly anxious, as I have been throughout our consideration...

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